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2 Anti-Suit Injunctions and Arbitration

Injunctive Relief and International Arbitration


Anti-Suit Injunctions and Arbitration


2.01 Where a party amenable to the jurisdiction of the English courts commences proceedings in a foreign jurisdiction in breach of an exclusive jurisdiction clause or an arbitration clause, the English courts have always shown their willingness to injunct such a party. While such injunctions are seen as controversial, they have nevertheless been a useful tool at the disposal of the English courts. Over the years, English courts have demonstrated their willingness to grant anti-suit injunctions under section 37 of the Senior Courts Act 1981 (SCA)1 so as to uphold the sanctity of arbitration agreements. This chapter considers restraining orders known as anti-suit injunctions that restrain one party from taking steps in court or arbitral proceedings in breach of an arbitration agreement. The chapter considers:

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